Patna High CourtCR. MISC./71650/2018dismissed

Praveen Kumar @ Praveen Kr. @ Vicky v. The State Of Bihar

2018-12-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71650 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- JALALPUR District- Saran ====================================================== Praveen Kumar @ Praveen Kr. @ Vicky, S/o Mahanth Pandey, R/o VillageTarwar, P.S.- Bheldi, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Bhaskar For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 504, 307, 506, 328, 498(A)/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no other substantive evidence to suggest the implication of the petitioner in the present case.

Patna High Court Cr.Misc. No.71650 of 2018(2) dt.12-12-2018 2/2 On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. He is husband of the victim. The case has been instituted for offence u/S 307 of the IPC. The injury report indicates that the victim was assaulted by the accused persons.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Jalalpur P.S. Case No. 138 of 2018 is rejected. If the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) A.K.V.//- U T